Abstract
This article explores Shire Development, LLC v. Watson Pharmaceuticals, Inc., 848 F.3d 981 (Fed. Cir. 2017) and illustrates some implications for designing around a MMX-based tablet drug, Lialda. The MMX technology is known for its lipophilic matrix and hydrophilic matrix in a tablet, while the former matrix is dispersed within the latter one. In Shire Development, LLC, the disputed claim recited a Markush limitation for the hydrophilic matrix and excludes unlisted materials from the hydrophilic matrix. On the other hand, the accused generic drug included magnesium stearate, a lipophilic material, in its hydrophilic matrix and, therefore, did not infringe the disputed patent. The case opens a door for generic drug companies to design around the patented MMX technology underlying Lialda.
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